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Government of Bangladesh Vs. Kalimuddin Pramanic and others, 2006, 35 CLC (HCD)
....t plot Nos.794 and 2546/2583 to anybody. No order as to costs. Send down the L.C. record with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ...... Present: Syed Mahmud Hossain J Government of Bangladesh……………………………Petitioner Vs. Kalimuddin Pramanic and others…………………..Opposite Parties Judgment ......ccessful in taking settlement of the suit land by executing a registered deed of lease for 10 years from 1374 to 1385 B.S. After that, the plaintiff paid rent to the Government form 1379-1381 B.S. In order to harass the plaintiff, defendant Nos.3-15 in the name of 'Darigacha Samabaya Samity..Category: Property Law, Tenancy Law | Date: 28 Mar, 2006 | Hits: 4
Ms. Ok Kyung Oh Vs. State, 2006, 35 CLC (HCD)
....r the complainant appellant submits that the impugned order of dismissing the complaint petition under section 27 of Nari-O-Shishu Nirjatan Daman Ain, 2000 was without jurisdiction as well as without lawful authority and the depositions of witnesses recorded by the Magistrate during enquiry clearly ......ting to sexual harassment under section 10 of Nari-O-Shishu Nirjatan Daman Ain, 2000, there will be no scope for the Tribunal to take cognizance of offences under Penal Code like forceful confinement and beating separately in case in the absence of any offence under provisions of Nari-O-Nirjatan Dam................Respondents Judgment March 22, 2006. Result: The appeal is dismissed. A Magistrate holding an enquiry under section 202 of the Code has no jurisdiction to weigh evidence in order to find out if prosecution had been able to prove the case. The scope of such enquiry is only ..Category: Women and Children | Date: 22 Mar, 2006 | Hits: 84
Md. Delwar Hossain Vs. State represented the DC, Narayanganj & another, 2006, 35 CLC (AD)
....ce arrested him on 29.01.2000 as it appears from record. The petitioner did not file any appeal against the order of conviction and sentence within the statutory period of limitation as provided by law. Later on the petitioner filed an application under the section 561A of the Code of Criminal Pro......ate, instructed by Md. Abu Siddique, Advocate-on- Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 426 of 2005. (From the judgment and order dated 28.11.2002 passed by the High Court Division in Writ Petition No. 5684 of 2002). ...... instructed by Md. Abu Siddique, Advocate-on- Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 426 of 2005. (From the judgment and order dated 28.11.2002 passed by the High Court Division in Writ Petition No. 5684 of 2002). J..Category: Women and Children | Date: 9 Mar, 2006 | Hits: 127
Kishore Kumar Dutta Vs. State, 2006, 35 CLC (HCD)
.... been on leave from 23.8.2001-1.9.2001. 15. P.W.8 Md. Monsur Ali, an employee of Agrani Bank, Bataichari Barra Branch provided Version that on the order of the authority he had gone to father-in law' s house of Gouri Deb and Gouri handed over key and a petition to him and he placed those to Man......Huq J.- In challenge of the righteousness of pronouncement of a Judgment of conviction for offence punishable under section 11(Kha) of Nari-O-Shishu Nirjatan Daman Ain of 2000 (For short Ain of 2000) and consequential sentence of seven (7) years rigorous imprisonment and a fine of Taka 3,000/- and f......sed Kishor Kumar Dutta, his brother Bhupal Chandra Dutta and Binoy Dutta, Pronoy Dutta and Bijoya Dutta, all sons and wife respectively of Bhupal Chandra Dutta used to torture Gouri Dev for dowry. In order to satisfy the lust of dowry accued Kishore Kumar Dutta and other accused persons on 22.8.2001..Category: Women and Children | Date: 20 Feb, 2006 | Hits: 127
Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)
....he impugned order asking the accused-petitioner to withdraw the aforesaid civil suit as a condition of his release on bail. 5. We have heard the learned Counsel in support of the Rule arguing that law does not permit attaching such a condition to bail. The learned Advocate has drawn our attention......y. Criminal Miscellaneous Case No. 13459 of 2005. Judgment Md. Abu Tariq J. - This Rule is directed against an order passed by the learned Judge, Nari-o-Shishu Nirjatan Daman Tribunal 2, Gaibandha in Nari-o-Shishu Case No. 350 of 2004 asking the accused petitioner to withdraw the civil suit......itioner. Ireen Mahahub, Deputy Attorney-General—For the State-Opposite Party. Criminal Miscellaneous Case No. 13459 of 2005. Judgment Md. Abu Tariq J. - This Rule is directed against an order passed by the learned Judge, Nari-o-Shishu Nirjatan Daman Tribunal 2, Gaibandha in Nari-o-Shis..Category: Women and Children | Date: 13 Feb, 2006 | Hits: 98
Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)
.... Court two certificates regarding the age of the victim. After filing of the instant case, accused Hannan filed a case against them. He added that his daughter was kept in the house of his brother-in-law Habib, fromwhere the accused again kidnapped her. He proved the petition of complaint as Exht.1 ...... Court Division (Criminal) Present: AKM Fazlur Rahman J Sayed Mohammad Ziaul Karim J Md. Abdul Hannan alias Khalil………………………Appellant Vs. The Sate and another……………………...........Respondents Judgment February 7, 2006. ...... Criminal Appeal No.381 of 1999. Judgment Sayed Mohammad Ziaul Karim J.- By this appeal convict appellant Md. Abdul Hannan alias Khalil has challenged the propriety of the Judgment and order dated 31-01-1999 passed by the learned Judge of the Nari-O-Shishu Nirjatan Daman Bishesh Adala..Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78
Moju Bibi and others Vs. Abdul Aziz and others, 2006, 35 CLC (HCD)
....ced money and the courts below ought to have allowed the 2nd mortgage which no courts below did. He further submitted that both the courts below committed illegality in putting the present suit under law of res judicata though the earlier suit for declaration, of title and khash possession and the p......This Case is also Reported in: 26 BLD (HCD) (2007) 639. ...... of the suit property I find no illegality has been done by the courts below in passing their judgments and decrees. The rule has no merit. In the result, the rule is discharged without any order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts re..Category: Property Law, Procedural Law | Date: 25 Jan, 2006 | Hits: 5
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
....s possible; that if the defendant No.1 caused any undue delay to effect the registration of the sale deed, the plaintiff would have the liberty to get the sale deed registered in accordance with law and that as the price of the suit property would be paid in foreign currency, the plaintiff app......tion) Present: Siddiqur Rahman Miah J Syed AB Mahmudul Huq J M. Manzur Ahmed……………………………………………………Appellant Vs. Mrs. Inge Flatz and others…………………………………….Respondent Judgment December 15, 2005......orward to execute and register the sale deed. It is further stated that thereafter the plaintiff through his appointed lawyer tried to contact the Constituted Attorney of the defendant No.1 in order to pursue him to complete the sale but the appointed lawyer of the plaintiff could not trace ..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
....udge of
the Artha Rin Adalat ought to have firstly given a decision requiring the
petitioner to furnish security on a given date affording the petitioner opportunity
to fulfil the requirement of law. The discretion of the Adalat in giving such
opportunity has not been curtailed by the legisl......nal Jurisdiction)
Present:
Md. Awlad Ali J
Zinat Ara J
M/S. Uttara Properties Ltd…………………………………………Petitioner
Vs.
Joint District Judge and Artharin
Adalat No.1, Dhaka and others…………Respondents
Judgment
December 15......urity on a given date affording the petitioner opportunity
to fulfil the requirement of law. The discretion of the Adalat in giving such
opportunity has not been curtailed by the legislature in order to close the
door of justice. …………………..(7)
Cases Referred
to-
5..
Category: Civil Law | Date: 15 Dec, 2005 | Hits: 19
Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)
....hin the period of limitation and as such the suit is also barred by limitation and this finding having been based on proper appreciation of evidence on record the learned Single Judge erred in law in not holding that the suit is barred by limitation and the last submission that the courts ......angladesh, represented by the Deputy Commissioner & Deputy Custodian Enemy Property, Dhaka .....................Appellant (In Civil Appeal No. 217 of 2000) Vs. Hindu Deity Luxmi Gobinda Jew and others .... Respondents (In both the appeals) Judgment December 8, 2005. Result: ...... continues forever and its property as the Debuttor property remains totally unaffected. ………(13) The plaintiff’s suit was not barred, the same not being brought within ninety days from the order of the government and treating the property as abandoned property under section 92 of the Stat..Category: Property Law | Date: 8 Dec, 2005 | Hits: 90
....rtha Rin Execution Case No.1 of 2003, rejecting an application under Order XXI Rule 98 of the Code of Civil Procedure read with Section 57 of the Artha Rin Adalat Ain, 2003, praying for deployment of law enforcing agency for handing over the possession of the suit property in favour of the decree-ho......eported in: 27 BLD (HCD) (2007)61.
...... into possession, the Court may exercise its such Jurisdiction as provided in rules 97 and 98 under Order XXI of the Code read with section 26 of the Act, and give necessary directions to execute its order……………………(20)
Lawyers Involved:
Md. Zafor Ali Khan, Advocate-For the Appe..
Category: Property Law | Date: 7 Dec, 2005 | Hits: 22
....ining order of her dismissal to her
surprise. The order of her dismissal having been passed illegally without
service of any show cause notice, giving her any opportunity of being heard and
beyond lawful authority and in violation of Rules and Regulations of
Non-Government Intermediate College......
Present:
Md. Abdul Aziz J
Most.
Musarraf Sultana………………………………………………………………………………………Petitioner
Vs.
Principal and Member-Secretary,
Kanchipara Mahabidhyalaya and others……Opposite Parties
Judgment
...... 14.9.1998. She went to the college to resume
her duties on 15.9.98 but the defendant No.1 refused to accept her joining
letter informing her that she has been dismissed from her service and the
order of her dismissal has been published on 2.9.1998 in a local daily
"Sandhan" as a notification ..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
Abdul Sobahan and others Vs. Noresh Chandra Mondal and others, 2005, 34 CLC (HCD)
.... 6. Mr. Md. Zakir Hossain, the learned Advocate for the Petitioner on appearing before this Court submitted that the learned Additional District Judge, 3rd Court, Dhaka has committed an error of law resulting in an error in the decision occasioning a failure of justice in passing the impugned ......y vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 91. ...... - For the petitioners. Momtazuddin Ahmed - For the Opposite Parties. Civil Revision No.178 of 2004. Judgment Shahidul Islam J.- This Rule is directed against the Judgment and order dated 22.7.2003 passed by the learned Additional District Judge, 3 Court, Dhaka, in title App..Category: Procedural Law | Date: 4 Dec, 2005 | Hits: 3
Industries Chemie BV Vs. SMA Quddus and another, 2005, 34 CLC (HCD)
....here was no possibility of collecting evidence from abroad for filing the same before the Registrar of Trade Marks on 6-8-2000 the date of hearing of the opposition case the petitioner instructed his lawyer to file Form TM 55 for an adjournment. The learned Advocate of the petitioner accordingly, fi......tion) Present: Md. Awlad Ali J Zinat Ara J Industries Chemie BV…………………………..Applicant Vs. SMA Quddus and another..................Respondents Judgment November 30, 2005. Result: The......ellant. No one — For the Respondents. Trade Mark Appeal No. 26 of 2001 Judgment Md. Awlad Ali J. - This appeal under section 76 of the Trade Marks Act, 1940 arises out of an order dated 7-8-2000 passed by the Registrar of Trade Marks rejecting an application in Form TM 55 f..Category: Intellectual Property Law | Date: 30 Nov, 2005 | Hits: 142
State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)
....cognition, that is a 'Kupee' lamp, was not seized by the investigating officer and, as such, the prosecution was not able to prove the case of recognition of the assailant properly in accordance with law. It is also submitted that the condemned prisoner Maku Rabi Das had no previous bad record to pr......ent Vs. Maku Rabi Das…………………….Condemned-Prisoners Judgment November 21, 2005. Result: The death reference is accepted. Jail appeal stands dismissed. Cases Referred to- Yusuf Sk Vs. Appellate Tribunal, 29 DLR (SC) 211;...... Judge, Habiganj, for confirmation of death sentence imposed upon the condemned prisoner Maku Rabi Das, on his conviction and sentence under section 302 of the Penal Code by the Impugned judgment and order dated 9-9-2003 passed in Sessions Case No. 57 of 2002 arising out of Chunarughat Police Statio..Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82
Md. Habibur Rahman Vs. State, 2006, 35 CLC (AD)
....ial particular, he shall be punishable with imprisonment for a term which may extend to three and shall also be liable to fine." 6. On perusal of the aforesaid provision of law it appears that any person failing to furnish the statement when called upon under section ...... Amirul Kabir Chowdhury, J: Md. Habibur Rahman accused petitioner challenges the judgment and order dated 5.8.2003 passed by the High Court Division in Criminal Appeal No.2059 of 2001 a......p; Amirul Kabir Chowdhury, J: Md. Habibur Rahman accused petitioner challenges the judgment and order dated 5.8.2003 passed by the High Court Division in Criminal Appeal No.2059 of 2001 affir..Category: Criminal Law | Date: 23 Oct, 2005 | Hits: 83
Jabbar and others Vs. State, 2005, 34 CLC (HCD)
....d down the lower Court's records at once with a copy of this judgment, for information and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29. ......D (HCD) (2007) 29. ......l No.385 of 1997. Judgment AKM Fazlur Rahman J.-This appeal preferred by convict appellants (1) Jabbar, (2) Rafiq Mia, (3) Tuku and (4) Kibria Sheikh is directed against the judgment and order dated 19.1.1997 passed by the Sessions Judge, Gopalganj in Sessions Case No.33 of 1996 convi..Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3
Cox's Bazar Pourashava Vs. Bangladesh and Others, 2005, 34 CLC (HCD)
...., Cox's Bazar Pourashava to hand over the management of the Cox's Bazar Pourashava Central Bus Terminal to the Cox's Bazar Zila Parishad should not be declared to have been issued/passed/made without lawful authority and is of no legal effect. 2. Facts giving rise to this Rule Nisi, briefly, be p......iginal Jurisdiction) Present: Tariq ul Hakim J Afzal Hossain Ahmed J Cox's Bazar Pourashava, Police Station-Cox's Bazar Sadar, District-Cox's Bazar……Petitioner Vs. Bangladesh and Others……………………………………………………………………….Responde......given to the petitioner upon which the petitioner constructed the Bus Stand, in question, the lease-hold right being admittedly, heritable and transferable, the Government cannot cancel the allotment order arbitrarily without canceling the lease deed through the process of law as the petitioner's ri..Category: Civil Law | Date: 30 Aug, 2005 | Hits: 39
Ali Imam Vs. Executive Engineer, Gaibandha and others, 2005, 34 CLC (HCD)
....n appellate Court. Provisions of Order XLI of the Code referred to and relied upon cannot therefore be resorted to in the exercise of review. A mistake made by a party on perception of a fact or law is therefore no ground and would not entitle him to seek review of a judgment or order…&h......Rashid J Md. Fazlur Rahman J Ali Imam…………………………………Petitioner Vs. Executive Engineer, Gaibandha and others……………Opposite Parties Judgment August 2......p;……Opposite Parties Judgment August 29, 2005. Result: The Rule is discharged. Section 114 of the Code empowers a Court to review its own judgment and make such order as it thinks fit thereon only when the prayer for review is based on the grounds mentioned in ..Category: Civil Law | Date: 29 Aug, 2005 | Hits: 1
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....of the Licence Agreement cannot be operative. In addition, because of the non-obstante clause in section 5 of the BT Act, the provision of BT Act shall prevail in case of inconsistency with any other law in force. Clause 4-2-15 of the Agreement is to uphold the “exclusivity clause” (clause 2.3) ...... Md Fazlul Karim J Amirul Kabir Chowdhury J World Tel Bangladesh Ltd...............Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Post & Telecommunications and others......Respondents Judgment August 25, 2005 Cases Referred to- Dip Narain S......ructed by AKM Shahidul Huq, Advocate-on-Record—For Respondent No. 1. Not Represented—Respondent Nos. 1, 3-6. Civil Petition for Leave to Appeal No. 815 of 2005. (From the judgment and order dated 23rd April 2005 passed by the High Court Division in Writ Petition No. 5135 of 2004). ..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
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